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BACK NEWS REPUBLIC of INDONESIA No. 763, 2014KEMENKUMHAM. Gratuities. CONTROL. GUIDELINES for the REGULATION of the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA number 15 by 2014 ABOUT CONTROLLING GRATUITIES in the ENVIRONMENT of the MINISTRY OF LAW and HUMAN RIGHTS REPUBLIC of INDONESIA with the GRACE of GOD ALMIGHTY the MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, Considering: a. that the holding of the State to bring about clean and free from corruption, collusion, and nepotism in the environment of the Ministry of Justice and human rights control efforts are required for acceptance or giving of gratuities as a form of employee integrity in performing the duties and functions of the Government;
b. that to improve prevention and provide guidelines for employees in the implementation of the control mechanisms, need to be regulated gratification reporting gratuities;
c. that based on considerations as referred to in letter a and letter b, need to establish the regulation of the Minister of law and human rights of the Ministry of Environment in Gratuities Control law and human rights;
Remember: 1. Act No. 31 of 1999 regarding the eradication of criminal acts of corruption (State Gazette of the Republic of Indonesia year 1999 Number 140, an additional Sheet of the Republic of Indonesia Number 3874) as amended by Act No. 20 of 2001 About a change in the Law Number 31 of 1999 regarding the eradication of criminal acts of corruption (State Gazette of the Republic of Indonesia Number 134 in 2001, an additional Sheet of the Republic of Indonesia Number 4150);
2. Act No. 30 of 2002 about the corruption eradication Commission (State Gazette of the Republic of Indonesia Number 137 in 2002, an additional Sheet of the Republic of Indonesia Number 4250);
3. Act No. 39 of 2008 of the Ministry of State (State Gazette of the Republic of Indonesia Number 166 in 2008, an additional Sheet of the Republic of Indonesia Number 4916);
4. Regulation of the Minister of law and human rights the number m. HH-05. OT 01:01 of 2010. about the Organization and the Work of the Ministry of law and human rights (News of the Republic of Indonesia year 2010 Number 676) as amended by regulation of the Minister of law and human rights 19-year 2013 Number of changes to the regulation of the Minister of law and human rights the number m. HH-05. OT 01:01 of 2010. about the Organization and the Work of the Ministry of law and human rights (News of the Republic of Indonesia Number 738 2013);
DECIDED: setting:P ERATURAN MINISTER OF JUSTICE and HUMAN RIGHTS REGARDING the CONTROL of GRATUITIES in the ENVIRONMENT MINISTRY OF JUSTICE and human rights.
CHAPTER I GENERAL PROVISIONS article 1 In this ministerial regulation is: 1. Gratuities is gratuity referred to in Act No. 31 of 1999 regarding the eradication of criminal acts of Corruption as amended by Act No. 20 of 2001 about a change in the Law Number 31 of 1999 regarding the eradication of criminal acts of corruption.
2. the officials of the Civil State Agencies hereinafter referred Employees are civil servants and Government employees with the agreement of officials appointed by the Builder and staffing delegated tasks in an Office of the Government or other State duties and was hired on the basis of legislation.
3. the Rapporteur is employees who submit a report over the rejection, acceptance, and the granting of gratuities.
4. A third party is an individual or legal entity outside the Ministry of Justice and human rights which interact and cooperate with the Ministry of Justice and human rights including but not limited to, the recipient of the services, suppliers, and agents.
5. Apply common is equal treatment are objective and concerned only certain/special.
6. Limited is the entire official activities of Employees related to the implementation of the tasks and functions as well as the Office.
CHAPTER II PREVENTION of GRATUITIES Section 2 Any Gratuities received by Employees in the form of money, goods, and/or services related to Office and/or contrary to duty or task in the task limited or limited tasks beyond the mandatory reported.
Article 3 the provisions referred to in article 2 are excluded: a. relates limited, include: 1. the granting of third parties in the form of souvenirs, in activities such as limited formal meetings, seminars, workshops, conferences, training, or other similar activities; and 2. granting third-party compensation received in the form of related activities, such as limited honorarium, transportation, accommodations, and other financing as set forth in the provisions of the laws and regulations of the standard costs prevailing in the recipient agency, as long as there is no double financing, there was no conflict of interest, or is not in breach of the provisions in force in the Ministry of law and human rights.
b. related tasks outside of the limited, include: 1. grant because of family relationships, i.e. grandparents, the father/mother/father-in-law, husband/wife, son/daughter-in-law, grandchildren, in-laws, aunts/uncles, brother/sister/brother-in-law, cousin, and niece;
2. gifts in the form of money, services, or goods that have a value in order to sell a wedding, birth, aqiqah, Baptist, circumcision, and cut his teeth, or other religion/ceremony with the limitations of the overall value of most Rp RP 1,000,000 (one million rupiah) per allotment per person;
3. the grant related to natural disasters or disasters experienced by Employees or the father/mother/father-in-law/husband/wife/children of civil servants/organizer of the country with the most overall value limit of Rp RP 1,000,000 (one million rupiah) per allotment per person;
4. the granting of a fellow Officer in order to prepare for separation, retirement, promotions, and a birthday that is not in the form of the most money pay around Rp 300,000 (three hundred thousand rupiah) per allotment per person with a total grant of Rp RP 1,000,000 (one million rupiah) in 1 (one) year of the giver;
5. direct/gifts, prizes to be drawn without the results of the raffle, discounts/rebates, vouchers, point rewards, souvenirs, gifts or other generally accepted;
6. dish or dish generally accepted;
7. academic achievements or nonakademis followed by using its own cost such as Championships, a race or a competition;
8. profit or interest from investment funds, placement, or private share ownership generally accepted; and/or 9. compensation or earnings over the profession beyond the limited is not associated with execution of the tasks and functions of employees and have been getting written permission from direct supervisor or other authorized party.
Article 4 an employee who refuses the acceptance of Gratuities, mandatory reporting to the control unit of the Gratuities to avoid risks inherent in later in the day against the parties.
CHAPTER III CONTROL UNIT of GRATUITIES section 5 (1) the control of the Ministry of environment's Legal Gratuities and human rights exercised by the Minister.
(2) in conducting the control of Gratuities referred to in subsection (1), the Minister formed a unit control gratuities.
(3) Control Unit based on Gratuity Inspectorate-General and responsible to the Minister of law and human rights through the Inspector General.
Article 6 (1) the elements of the control unit's membership consists of Gratification: a. Chairman and members;
b. Vice Chairman and members; and c. members.
(2) the Chairman of the unit control of Gratuities referred to in subsection (1) letter a replacing the Secretary General Inspectorate.
(3) the Deputy Chairman of the unit control of Gratuities referred to in subsection (1) letter b replacing structural Echelon III officials at the Environment Secretariat of the Inspectorate General.
(4) the members of the unit control of Gratuities referred to in paragraph (2) Letter c is derived from elements: a. structural officials;
b. specific functional officials; and c. officials in General, functional environment Inspectorate General CHAPTER IV PROCEDURES article 7 REPORTING of GRATUITIES (1) Employees reported in writing the acceptance of Gratuities to the corruption eradication Commission via the control unit of the gratuities.
(2) the report referred to in subsection (1) is delivered manually or through electronic media by filling out the form report gratuities.
(3) the report referred to in subsection (2), at least contain: a. name and complete address of the recipient and the giver of Gratuities;
b. the Office of the Clerk;
c. place and time the acceptance of Gratuities;
d. Description of types of Gratuities received are attached with evidence in the form of samples or photographs;
e. value value estimates or Gratuities are accepted; and f. the chronological events of the acceptance of gratuities.
(4) a report referred to in subsection (3) is submitted in writing within 7 (seven) working days counted from the date of receipt of gratuities.
Article 8 (1) reports of Gratuities referred to in article 7 should be recorded and performed by the control unit initial reviu gratuities.
(2) initial Reviu as mentioned on paragraph (1) includes the following: a. reviu over completeness report Gratuities; and b. reviu over reports of gratuities.
(3) in the event that the control unit is required, Gratuities may request information related to the reporting of the completeness of the report.
Article 9 (1) the results of reviu referred to in article 8 are arranged in the form of recapitulation report gratuities.
(2) the recapitulation as referred to in paragraph (1) contains at least: a. the name and complete address Employees and Gratuities;
b. rank, category, and the Office of the Clerk;
c. place and time the acceptance of Gratuities;
d. Description of the type, value and/or the estimated value of the Gratuities; and e. a common explanation.
Article 10 Control Unit Gratuities convey the results of recapitulation as referred to in article 9 to the corruption eradication Commission in writing within fourteen (14) business days counted from the date of the report Gratuities are accepted.
Article 11 status of ownership Results Gratuity set by the corruption eradication Commission Chairman presented to the Rapporteur on the first occasion by a control unit of the gratuities.
Article 12 Obligation of submission Gratuities in the form of money and/or goods via the control unit of the Gratuity or directly to the corruption eradication Commission, made after getting the assignment status of ownership of Gratuities by the corruption eradication Commission.
Chapter V and chapter 13 implementation of the SANCTIONS against reporting Gratuities that are set in the regulations the Minister is given a reward or sanction in accordance with the provisions of the legislation.
CHAPTER VI CLOSING PROVISIONS Article 14 this Ministerial Regulation comes into force on the date of promulgation.
In order to make everyone aware of it, ordered the enactment of this Ministerial Regulation with its placement in the news of the Republic of Indonesia.
Established in Jakarta on June 9, 2014, MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN Enacted in Jakarta on June 10, 2014, MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();